COPYRIGHT INFRINGEMENT NOTIFICATION
Confoundly.com, Inc. (“Confoundly.com”) respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at//www.copyright.gov/legislation/dmca.pdf,Confoundly.com will respond promptly to claims of copyright infringement committed using theConfoundly.com website (the “Services”) that are reported to theConfoundly.com Designated Copyright Agent identified below.
If you are a copyright owner, authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by sending Confoundly.com a DMCA Notice of Alleged Infringement in the format provided below and delivering it to theConfoundly.com Designated Copyright Agent. Upon receipt of Notice as described below, Confoundly.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Services and/or termination of the Confoundly.com user’s account. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party which may publish and/or annotate it. As such, your letter (with your personal information removed) may be forwarded to Chilling Effects (//www.chillingeffects.org) for publication. You can see an example of such a publication at //www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861.
DMCA NOTICE OF ALLEGED INFRINGEMENT (“NOTICE”)
To file a notice of infringement with Confoundly.com, you must provide a written communication (by fax or regular mail — not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a past case (please see//www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers):
Identify the copyrighted work that you claim has been infringed (for example, “The copyrighted work at issue is the text that appears on //www.legal.com/legal_page.html”), or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the relevant website where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice with all items completed, to Confoundly.com’s Designated Copyright Agent:
Email: dmca AT Confoundly.com
DMCA COUNTER NOTIFICATION
The process for counter notifications is governed by Section 512(g) of the Digital Millennium Copyright Act://www.copyright.gov/legislation/dmca.pdf
When we receive a counter notification, we may reinstate the material in question. To file a counter notification with Confoundly.com, you must provide a written communication that sets forth the items specified below.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that a product or activity is not infringing the copyrights of others may be subject to liability (including costs and attorneys fees). Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
ELEMENTS OF COUNTER NOTIFICATION
To expedite our ability to process your counter notification, please use the following format (including section numbers):
Identify the specific URLs of material that Confoundly.com has removed or to which Confoundly.com has disabled access.
Provide your full name, address, telephone number, and email address, and the username of your Confoundly.com account.
Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Miami-Dade County, Florida if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.
Send the written communication, to the following address:
Email: dmca AT Confoundly.com
WHAT HAPPENS NEXT?
After we receive your counter notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter notification, it includes your personal information. By submitting a counter notification, you consent to having your information revealed in this way. We will not forward the counter notification to any party other than the original claimant.
After we send out the counter notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on Confoundly.com. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
NOTICE TO USERS OF Confoundly.com
Pursuant to the Terms of Service Agreement you agreed to when you were permitted to become a User, you are required to use only lawfully-acquired creative works as website content, and your website may be disabled upon receipt of notice that infringing material is appearing there.Confoundly.com also respects the legitimate interests of webmasters in utilizing media content lawfully, being permitted to present a response to claims of infringement, and obtaining timely restoration of access to a website that has been disabled due to a copyright complaint. Your System Use privileges will also be suspended. You may protest a DMCA notice by submitting a Counter-notification as described below.
Confoundly.com will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact Confoundly.com and provide information sufficient for us to verify that the user is a repeat infringer.
ACCOMMODATION OF STANDARD TECHNICAL MEASURES
It is Confoundly.com’s policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.
POLICY WITH REGARD TO NON-COMPLIANT COMMUNICATIONS
Confoundly.com has discretion to handle non-compliant notices in whatever manner appears to be reasonable given the circumstances presented.
SUBMISSION OF MISLEADING INFORMATION
The submission of misleading information of any sort in a notification or counter-notification submitted to Confoundly.com voids any claim of right made by the submitting party.
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.